Public Act 096-0593
 
HB2474 Enrolled LRB096 09137 RLC 19286 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Task
Force on Inventorying Employment Restrictions Act.
 
    Section 5. Purpose. The General Assembly finds and declares
that:
        (1) public safety dictates the adoption of employment
    restrictions to protect vulnerable populations, to prevent
    the risk of loss and liability, and to minimize the
    likelihood of harm to the public, fellow employees and
    customers;
        (2) gainful employment after release from prison is one
    of the critical elements necessary to achieve successful
    reentry after prison and that employment has been shown to
    reduce recidivism;
        (3) to make our communities safer, public safety also
    requires that employment opportunities not be so
    restricted that people with criminal records are unable to
    engage in gainful employment;
        (4) many State laws and policies impose restrictions on
    the employment of persons with criminal records including
    State government jobs, jobs in State-licensed, regulated
    and funded entities, and jobs requiring State
    certification;
        (5) no comprehensive review of these restrictions has
    been undertaken to evaluate whether the restrictions are
    substantially related to the safety, trust and
    responsibility required of the job or to the goal of
    furthering public safety;
        (6) a less restrictive approach is preferred if it both
    furthers public safety and preserves employment
    opportunities; and
        (7) the State's agencies, boards, and commissions can
    assume a leadership role in providing employment
    opportunities to people with criminal records by reviewing
    their employment policies and practices and identifying
    barriers to employment that can safely be removed to enable
    people with criminal records to demonstrate their
    rehabilitation.
 
    Section 10. Definitions. As used in this Act:
        "State agencies" shall mean the following State
    agencies, boards, and commissions: Department on Aging,
    Department of Agriculture, Office of Appellate Defender,
    Office of the State's Attorneys Appellate Prosecutor,
    Illinois Arts Council, Office of the Attorney General,
    Auditor General, Capital Development Board, Department of
    Central Management Services, Department of Children and
    Family Services, Civil Service Commission, Illinois
    Department of Commerce and Economic Opportunity, Illinois
    Commerce Commission, Illinois Community College Board,
    State of Illinois Comprehensive Health Insurance Plan,
    Office of the Comptroller, Department of Corrections,
    Criminal Justice Information Authority, Illinois Council
    on Developmental Disabilities, Illinois Deaf and Hard of
    Hearing Commission, Commission on Discrimination and Hate
    Crimes, State Board of Education, Illinois Educational
    Labor Relations Board, State Board of Elections, Illinois
    Emergency Management Agency, Department of Employment
    Security, Environmental Protection Agency, Illinois State
    Fair, Illinois Finance Authority, Department of Financial
    and Professional Regulation, Office of the First Lady,
    Illinois Gaming Board, Office of the Governor,
    Guardianship and Advocacy Commission, Department of
    Healthcare and Family Services, Board of Higher Education,
    Historic Preservation Agency, Illinois Housing Development
    Authority, Illinois Human Rights Commission, Department of
    Human Rights, Department of Human Services, Illinois State
    Board of Investment, Department of Juvenile Justice,
    Office of the Lieutenant Governor, Department of Labor,
    Illinois Labor Relations Board, Illinois Law Enforcement
    Training Standards Board, Illinois Liquor Control
    Commission, Illinois Lottery, Governor's Office of
    Management and Budget, Illinois Medical District
    Commission, Department of Military Affairs, Department of
    Natural Resources, Pollution Control Board, Prairie State
    2000 Authority, Property Tax Appeal Board, Department of
    Public Health, Illinois Prisoner Review Board, Illinois
    Racing Board, Department of Revenue, Office of the
    Secretary of State, State Fire Marshal, Illinois State
    Police, State Police Merit Board, State Retirement
    Systems, Office of the State Treasurer, State Universities
    Civil Service System, State Universities Retirement
    System, Illinois Student Assistance Commission, Illinois
    Supreme Court, Illinois Teachers' Retirement System,
    Illinois State Toll Highway Authority, Department of
    Transportation, Department of Veterans Affairs',
    Governor's Office of Women's Affairs, and Illinois
    Workers' Compensation Commission.
 
    Section 15. Task Force.
    (a) The Task Force on Inventorying Employment Restrictions
is hereby created in the Illinois Criminal Justice Information
Authority. The purpose of the Task Force is to review the
statutes, administrative rules, policies and practices that
restrict employment of persons with a criminal history, as set
out in subsection (c) of this Section, and to report to the
Governor and the General Assembly those employment
restrictions and their impact on employment opportunities for
people with criminal records.
    (b) Within 60 days after the effective date of this Act,
the President of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the Senate, and the
Minority Leader of the House of Representatives shall each
appoint 2 members to the Task Force. In addition, the Director
or Secretary of each of the following, or his or her designee,
are members: the Department of Human Services, the Department
of Corrections, the Department of Commerce and Economic
Opportunity, the Department of Children and Family Services,
the Department of Human Rights, the Illinois State Board of
Education, the Illinois Board of Higher Education, and the
Illinois Community College Board. Members shall not receive
compensation. The Illinois Criminal Justice Information
Authority shall provide staff and other assistance to the Task
Force.
    (c) On or before September 1, 2010, all State agencies
shall produce a report for the Task Force that describes the
employment restrictions that are based on criminal records for
each occupation under the agency's jurisdiction and that of its
boards, if any, including, but not limited to, employment
within the agency; employment in facilities licensed,
regulated, supervised, or funded by the agency; employment
pursuant to contracts with the agency; and employment in
occupations that the agency licenses or provides
certifications to practice. For each occupation subject to a
criminal records-based restriction, the agency shall set forth
the following:
        (1) the job title, occupation, job classification, or
    restricted place of employment, including the range of
    occupations affected in such places;
        (2) the statute, regulation, policy, and procedure
    that authorizes the restriction of applicants for
    employment and licensure, current employees, and current
    licenses;
        (3) the substance and terms of the restriction, and
            (A) if the statute, regulation, policy or practice
        enumerates disqualifying offenses, a list of each
        disqualifying offense, the time limits for each
        offense, and the point in time when the time limit
        begins;
            (B) if the statute, regulation, policy or practice
        does not enumerate disqualifying offenses and instead
        provides for agency discretion in determining
        disqualifying offenses, the criteria the agency has
        adopted to apply the disqualification to individual
        cases. Restrictions based on agency discretion
        include, but are not limited to, restrictions based on
        an offense "related to" the practice of a given
        profession; an offense or act of "moral turpitude"; and
        an offense evincing a lack of "good moral character".
        (4) the procedures used by the agency to identify an
    individual's criminal history, including but not limited
    to disclosures on applications and background checks
    conducted by law enforcement or private entities;
        (5) the procedures used by the agency to determine and
    review whether an individual's criminal history
    disqualifies that individual;
        (6) the year the restriction was adopted, and its
    rationale;
        (7) any exemption, waiver, or review mechanisms
    available to seek relief from the disqualification based on
    a showing of rehabilitation or otherwise, including the
    terms of the mechanism, the nature of the relief it
    affords, and whether an administrative and judicial appeal
    is authorized;
        (8) any statute, rule, policy and practice that
    requires an individual convicted of a felony to have his
    civil rights restored to become qualified for the job; and
    9 copies of the following documents:
            (A) forms, applications, and instructions provided
        to applicants and those denied or terminated from jobs
        or licenses based on their criminal record;
            (B) forms, rules, and procedures that the agency
        employs to provide notice of disqualification, to
        review applications subject to disqualification, and
        to provide for exemptions and appeals of
        disqualification;
            (C) memos, guidance, instructions to staff,
        scoring criteria and other materials used by the agency
        to evaluate the criminal histories of applicants,
        licensees, and employees; and
            (D) forms and notices used to explain waiver,
        exemption and appeals procedures for denial,
        suspensions and terminations of employment or
        licensure based on criminal history.
    (d) Each executive agency shall participate in a review to
determine the impact of the employment restrictions based on
criminal records and the effectiveness of existing
case-by-case review mechanisms. For each occupation under the
agency's jurisdiction for which there are employment
restrictions based on criminal records, each State agency must
provide the Task Force with a report, on or before November 1,
2009, for the previous 2-year period, setting forth:
        (1) the total number of people currently employed in
    the occupation whose employment or licensure required
    criminal history disclosure, background checks or
    restrictions;
        (2) the number and percentage of individuals who
    underwent a criminal history background check;
        (3) the number and percentage of individuals who were
    merely required to disclose their criminal history without
    a criminal history background check;
        (4) the number and percentage of individuals who were
    found disqualified based on criminal history disclosure by
    the applicant;
        (5) the number and percentage of individuals who were
    found disqualified based on a criminal history background
    check;
        (6) the number and percentage of individuals who sought
    an exemption or waiver from the disqualification;
        (7) the number and percentage of individuals who sought
    an exemption or waiver who were subsequently granted the
    exemption or waiver at the first level of agency review (if
    multiple levels of review are available);
        (8) the number and percentage of individuals who sought
    an exemption or waiver who were subsequently granted the
    exemption or waiver at the next level of agency review (if
    multiple levels of review are available);
        (9) the number and percentage of individuals who were
    denied an exemption or waiver at the final level of agency
    review, and then sought review through an administrative
    appeal;
        (10) the number and percentage of individuals who were
    denied an exemption or waiver at the final level of agency
    review, and then sought review through an administrative
    appeal and were then found qualified after such a review;
        (11) the number and percentage of individuals who were
    found disqualified where no waiver or exemption process is
    available;
        (12) the number and percentage of individuals who were
    found disqualified where no waiver or exemption process is
    available and who sought administrative review and then
    were found qualified; and
        (13) if the agency maintains records of active licenses
    or certifications, the executive agency shall provide the
    total number of employees in occupations subject to
    criminal history restrictions.
    (e) The Task Force shall report its findings and
recommendations to the Governor and the General Assembly by
December 31, 2010.
 
    Section 20. Act subject to appropriation. The provisions of
this Act are subject to an appropriation being made to the
Illinois Criminal Justice Information Authority to implement
this Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.